CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Resident Rights
(Tag F0550)
Could have caused harm · This affected 1 resident
Based on observation, interview, and record review during the recertification and abbreviated (NY00315912 and NY00323441) surveys conducted 10/30/2023-11/7/2023 the facility did not ensure each reside...
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Based on observation, interview, and record review during the recertification and abbreviated (NY00315912 and NY00323441) surveys conducted 10/30/2023-11/7/2023 the facility did not ensure each resident was treated with respect and dignity and cared for in a manner and in an environment that promoted maintenance or enhancement of their quality of life for 1 of 2 residents (Residents #26) reviewed. Specifically, Resident #26 received an item they ordered online, the facility did allow the resident to use the item and did not give the resident sufficient time to return the item within the required vendor time frame.
Findings include:
The facility policy Resident Rights, reviewed 1/2023, documented employees shall treat all residents with kindness, respect, and dignity. The facility policy also documented residents can retain and use personal possessions to the maximum extent that space and safety permits. Residents will be supported by the facility in exercising their rights.
The facility policy Personal Property, reviewed 1/2023, documented residents are permitted to retain and use personal possessions and appropriate clothing, as space permits.
Resident #26 was admitted to the facility with diagnoses including diabetes, heart failure, and chronic obstructive pulmonary disease (COPD, a lung disease). The 8/21/2023 Minimum Data Set (MDS) assessment documented the resident had intact cognition and required extensive assistance for most activities of daily living (ADLs).
The comprehensive care plan (CCP) dated 6/1/2023 documented the resident had diabetes and did not want to take prescribed diabetic medications due to the resident's independent research indicated risk for thyroid complications and requested use of CBD (cannabidiol, a chemical found in marijuana) gummies.
The facility incident and accident investigative summary dated ongoing documented:
- on 5/13/2023, the resident received the item, CBD gummies, and the facility confiscated the item. Resident #26 was informed the provider would be in to speak with them on the following Monday 5/15/2023.
- on 5/15/2023, the resident informed the nurse practitioner they wanted to take the ordered item for diabetic management as opposed to current medications.
- on 5/15/2023, staff met with the resident and the resident stated they were informed they could speak with the attending doctor that week to determine if orders for the CBD could be written. The facility continued to secure the ordered item until a decision was made.
- on 6/1/2023, staff met with the resident and discussed the status of the resident being able to utilize their item. The resident was informed by staff the doctor would be approached writing an order for the item to be administered by nursing staff and that the process was still ongoing.
- on 6/2/2023, the resident was informed that the doctor was willing to write orders if a facility protocol was in place and the facility was in contact with the pharmacy to see if the item could be supplied through them.
- on 6/23/2023, the resident expressed the desire to use the item, a staff note documented the item was researched and determined to not be Federal Drug Administration (FDA) approved as a dietary supplement or regulated. The staff would inform the resident.
- on 6/27/2023, the provider note documented the resident wanted to utilize the item every time the provider talked to them but there was no protocol for ordering CBD gummies at the facility.
- on 6/29/2023, the resident was provided by the Assistant Director of Nursing (ADON) and registered nurse (RN) Unit Manager (UM) #32 with FDA printed information on the lack of approval as a dietary supplement.
- on 8/7/2023, the resident asked for reimbursement of the CBD gummies they purchased and could not use. The resident was informed that they could not store or manage the product on their own and staff could not administer the product without a medical order. Staff informed the resident they would contact the company about a return.
- on 8/10/2023, the company the item was ordered from was spoken to and the item was unable to be returned as it was past the 30-day return policy. The facility would inform the resident and their item would be stored in the nursing office until the resident released it to family or the resident was discharged .
During an interview on 10/30/2023 at 11:19 AM, Resident #26 stated staff confiscated the CBD gummies in May, and they did not physically see the item again until six weeks ago. The resident stated they were under the impression the pharmacy sent jackets for the CBD bottles to be placed in and that the lawyers had to write a policy prior to the resident being able to receive the gummies. They stated they were informed by the Administrator and the DON that the gummies were not approved by the FDA, and they could not receive them. Resident #26 stated they wanted to be reimbursed for the cost of the gummies which was why they called the police.
During an interview on 11/2/2023 at 10:17 AM, licensed practical nurse (LPN) #24 stated Resident #26 had ordered over-the-counter medications in the past and the protocol was to alert the Unit Manager for further guidance. LPN #24 stated they or the Unit Manager would take away the medication from the resident and would explain why the medication was taken.
During an interview on 11/2/2023 at 11:41 AM, registered nurse (RN) Unit Manager (RN UM) #32 stated Resident #26 had been observed ordering items that were not allowed due to protocol. RN UM #32 stated any medications ordered by the resident were kept in the medication room until family could pick them up.
During an interview on 11/02/2023 at 4:43 PM, the Director of Nursing (DON) stated whenever Resident #26 received an item, staff would assist with the packages due to the resident's arthritis. When the CBD gummies arrived, staff confiscated them until the provider and management staff were in the following Monday 11/15/2023, and the resident agreed. The DON stated there was no policy for CBD gummies and there was no intent to put one in place. The DON stated they were unsure of the time frame between the CBD gummies being confiscated and the answer on their use. The DON stated they were informed CBD items would not be something that would be considered in the facility at that time as they were not FDA approved. The DON stated the CBD gummies were locked in the Administrator's office.
During an interview on 11/3/2023 at 11:39 AM, the Administrator stated that they had just started when Resident #26 received the CBD gummies and was not involved. The Administrator confirmed the CBD gummies were in their office until Resident #26 allowed for them to be released to family or they were discharged .
10NYCRR 415.5(a)
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Grievances
(Tag F0585)
Could have caused harm · This affected 1 resident
Based on observation, record review and interview during the recertification and abbreviated (NY00315912 and NY00323441) surveys conducted 10/31/2023-11/07/2023, the facility did not make prompt effor...
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Based on observation, record review and interview during the recertification and abbreviated (NY00315912 and NY00323441) surveys conducted 10/31/2023-11/07/2023, the facility did not make prompt efforts to resolve grievances the resident may have for 1 of 1 resident (Resident #53) reviewed. Specifically, grievances regarding Resident #53's eyeglasses and missing wheelchair were not addressed timely by the facility and the resident/representative were not updated timely on the outcome of the grievances.
Findings include:
The facility policy Personal Property, reviewed 1/2023, documented the facility will promptly investigate any complaints of misappropriation or mistreatment of resident property.
The facility policy Resident Rights, reviewed 1/2023, documented the resident has the right to have the facility respond to their grievances.
The facility policy Filing Grievance Complaints, reviewed 1/2023, documented any resident, the resident's representative, family member, or appointed advocate may file a grievance and/or complaint. Grievances and/or complaints can be submitted orally or in written form. Within three working days, the Director or Nursing, or designee, or the Director of Social Work, or designee, will investigate the complaint or grievance.
Resident #53 was admitted to the facility with diagnoses which included cerebral infarction (stroke) and flaccid hemiplegia affecting left side (one side of the body is weak or paralyzed and has reduced muscle tone). The 5/19/2023 Minimum Data Set (MDS) documented the resident was moderately impaired cognition and saw adequately with corrective lenses (glasses).
The personal inventory for Resident #53 dated 2/5/2021 documented the resident had glasses.
There was no documentation on the inventory sheet that the resident had a personal wheelchair or any electronic devices/appliances.
The comprehensive care plan (CCP), revised 12/15/2022, documented Resident #53 had impaired visual function. Interventions included Resident #53 wore glasses, to verify the glasses were in good repair, and that the glasses were labeled.
A social services progress note written by social worker (SW) #48 dated 6/23/2023 documented Resident #53's adult child informed the social worker that the resident was missing their glasses and an electric wheelchair. The note documented the social worker informed the resident's adult child they would investigate the status of the wheelchair and the glasses.
During an interview on 10/30/2023 at 12:01 PM, Resident #53 stated they had an electric wheelchair downstairs in therapy. They stated they had to wait for the head of physical therapy to show them how to use the wheelchair, as they had never used one before.
During an interview on 10/31/2023 at 3:13 PM, Resident #53 stated they informed the staff their glasses were missing, and the glasses were brown with cream and gold tips. The certified nurse aide (CNA) looked for the glasses but could not located them. Resident #53 stated they also informed the nurse, but no one had spoken to them about replacement or reimbursement. They said the glasses had been missing for about a month and they have to get a new pair because they were unable to read and do their puzzles without them.
Missing item reports for the resident were requested and one report was received dated 5/18/2023. The reports did not include the resident's missing glasses or electric wheelchair.
During an interview on 11/1/2023 at 9:47 AM, CNA #39 stated if a resident reported missing property they would inform the unit secretary, the nurse, or write a note. They were not aware of any official facility forms to fill out related to missing items.
During an interview on 11/1/2023 at 9:49 AM, Unit Secretary #45 stated inventory sheets were completed for residents' personal items. When a resident moved rooms, floors, or came back from the hospital, another inventory would be completed. This included electric wheelchairs.
On 11/02/2023 at 9:12 AM, an observation of Resident #53's room was completed and included the locked drawer. There were no glasses in Resident #53's possession.
During an interview on 11/2/2023 at 9:29 AM, CNA #9 stated if an item was missing, they would inform the nurse. CNA #9 stated they were aware Resident #53 was missing glasses. CNA #9 believed they were broken, and the facility was going to get the resident another pair.
During an interview on 11/2/2023 at 9:43 AM, Registered Nurse (RN) Manager #28 stated if an item was reported missing, they would inform social work who would fill out a missing item form. RN #28 stated they would also inform the Assistant Director of Nursing (ADON) and check the inventory form. RN #28 stated if staff were aware of a missing item they expected to be notified. RN #28 stated Resident #53's electric wheelchair was in storage as it did not work upon arrival to the facility. They did not inform Resident #53's adult child of the wheelchair as once it was reported as missing, the social worker and the ADON handled the follow-up.
During an interview on 11/2/2023 at 11:47 AM, Director of Social Work (DSW) #11 stated if a resident reported an item was missing to them, they obtained a description and filled out a missing item form. The Director of Nursing (DON) and ADON would be notified to start an investigation. When the investigation was complete, the form was returned to DSW #11. DSW #11 stated missing item investigations were typically closed within 48-72 hours and the Administrator, DON, or ADON informed the resident and/or family of the outcome. DSW #11 stated they were not aware of any current missing items for Resident #53, nor that Resident #53 had an electric wheelchair.
During an interview on 11/2/2023 at 12:07 PM, the ADON stated they, in addition to the DON and Administrator, usually received the missing item forms from social work once they were filled out. There was usually a 2-3 day turn around for investigations and the ADON stated they kept a log of all missing items. The ADON stated they were aware there was a matter regarding Resident #53 and an electric wheelchair but could not recall the specifics.
During an interview on 11/2/2023 at 12:20 PM, the DON stated when an item was reported missing, a search was conducted. If the item was not located, a missing item form was completed by social work. After the form was completed, it was a multi-disciplinary investigation. When the investigation was completed, the ADON and DON sign off on the form and return it to the social worker and Administrator as they would inform the resident and/or family of the outcome. The DON stated they were not aware the resident was missing any items and did not recall the resident ever using an electric wheelchair.
During an interview on 11/3/2023 at 11:39 AM, the Administrator stated if an item was reported missing, social work would complete the missing item form and then the facility would try to locate the item. The social worker, Administrator or DON would inform the party who reported the item missing of the outcome. The Administrator stated they were unaware of Resident #53 missing glasses or an electric wheelchair.
10NYCRR 415.3(c)(1)(i)
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
ADL Care
(Tag F0677)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review, and interviews conducted during the recertification and abbreviated (NY00315912, NY0031698...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review, and interviews conducted during the recertification and abbreviated (NY00315912, NY00316983, NY00323441, and NY00326912) surveys conducted 10/30/2023-11/7/2023,
the facility did not ensure residents who were unable to carry out activities of daily living (ADLs) received the necessary services to maintain grooming, and personal and oral hygiene for 4 of 8 residents (Residents #51, #53, #74, and #90) reviewed. Specifically, Resident #90 was not assisted with toenail care; Residents #51 and #53 were observed with their call bells out of reach; Resident #53 was not bathed/showered as planned; and Resident #74 was not provided oral hygiene and was not assisted out of bed to a chair daily as planned.
Findings include:
The facility policy Nursing Care of the Resident with Diabetes Mellitus revised 1/2023, documented skin and foot care included bathing feet in warm water as necessary to keep clean, toenails should only be trimmed by qualified personnel (this can be regular associates and does not have to be a podiatrist), and care of corns and/or calluses should be referred to qualified individuals (which may require health care provider or podiatrist intervention).
The facility policy Care of Fingernails/Toenails revised 1/2023, documented resident nails were to be kept trimmed to prevent infections.
The facility policy Shower/Tub Bath revised 1/2023 documented staff should document when the shower/tub bath had been completed and if the resident refused the shower/tub bath notify the supervisor.
The facility policy Answering the Call Light revised 1/2023 documented staff should be sure that the call light was plugged in, working, and within easy reach to the resident, while in chair, bed, or bathroom. If residents were unable to use the call light system, these residents should be checked on frequently. Staff should answer call lights as soon as possible.
The facility policy Mouth Care revised 1/2023 documented mouth care was necessary to keep the resident's lips and oral tissues moist, to cleanse and freshen the resident's mouth, and to prevent infections of the mouth. After cleaning the mouth and teeth and drying the face and chin area, staff should moisten the inside of the residents' mouth, tongue, and lips. Staff should use a prepared swab or water-soluble lubricant. This should be documented when completed and a supervisor notified if the resident refused.
1)Resident #90 was admitted to the facility with diagnoses including diabetes, morbid obesity, and peripheral vascular disease (poor circulation). The 7/30/2023 Minimum Data Set (MDS) assessment documented the resident was cognitively intact, required supervision and set up with bathing, dressing, eating and personal hygiene, and did not have foot problems.
The comprehensive care plan (CCP) initiated 7/24/2023 documented the resident was at risk for impaired skin integrity related to diabetes, peripheral vascular disease, and chronic rash. Interventions included skin observations. The 10/2/2023 CCP documented the resident required assistance with self-care related to confusion, impaired balance, and limited mobility. The CCP did not include interventions for diabetic footcare.
During an observation and interview on 10/31/2023 at 9:23 AM, the resident was observed to have long fingernails with black matter underneath all the nails on both hands. The resident was observed to have long, thick toenails on both feet. The resident stated they had asked for their toenails to be cut for a while. The resident stated they had never had their toenails cut while living in the facility.
During an observation and interview on 11/2/2023 at 10:19 AM, the resident was observed to have very long toenails and scattered thick calluses on both feet. The resident stated they asked for their toenails to be cut many times, but they were not cut. The resident stated they cut their own fingernails yesterday. The resident stated they would cut their toenails if they could reach them.
During an interview on 11/2/2023 at 11:09 AM certified nurse aide (CNA) #7, stated that a CNA was not allowed to cut the resident's fingernails or toenails because they were diabetic.
During an interview on 11/2/2023 at 11:26 AM licensed practical nurse (LPN) #17, stated they could cut the resident's fingernails but not the toenails. They stated the resident's toenails must be cut by a podiatrist.
During an interview on 11/2/2023 at 11:33AM, Unit Clerk #15 stated the podiatrist would see any resident placed on the podiatrist list if the resident was in their room when the podiatrist made rounds. The unit staff would make a list of residents that needed to be seen by the podiatrist. The list was then returned to the Director of Appointments. The Unit Clerk was not certain if the resident had been seen by the podiatrist at any time since admission.
During an interview on 11/3/2023 at 10:24AM LPN #10 stated they noticed the resident had long toenails. They stated they could cut the resident's toenails but has not had time to do so.
During an interview on 11/3/2023 at 1:38PM, the Director of Appointments stated all new admissions were scheduled to see the podiatrist. The podiatrist came to the facility every 3 or 4 months but would come sooner for an emergent need. The resident had not refused to see the podiatrist. They stated they did not know why the resident was not scheduled to see the podiatrist. They stated if there was no documentation in the record, the resident was not seen by the podiatrist.
2) Resident #74 was admitted to the facility with diagnoses including intracerebral hemorrhage (brain bleed, stroke) and paraplegia (inability to move the lower limbs of the body). The Minimum Data Set (MDS) assessment dated [DATE], documented the resident had severely impaired cognition, did not reject care, required extensive assistance of two for most ADLs, and had functional limitation in range of motion for both arms.
The comprehensive care plan (CCP) initiated 8/2/2021 documented the resident required assistance with ADLs related to complete immobility, and inability to complete or comprehend ADL tasks, Interventions included a total mechanical lift with assistance of 2 or more for transfers and total dependence for hygiene. The CCP was updated on 7/25/2022 and included AM routine to get up in the morning and into chair. The resident had oral/dental health problems related to missing teeth and inability to control secretions. Interventions included apply lip balm/ointment as needed and provide mouth care as per ADL personal hygiene
The undated care instructions documented the resident was dependent for oral hygiene and required oral care twice daily and as needed (prn). The resident was dependent for bed to chair transfers and required a mechanical lift.
The following observations of Resident #74 were made:
- on 10/30/2023 at 12:25 PM, lying in bed with scaly, parched lips.
- on 10/31/2023 at 8:27 AM and 10:05 AM, lying in bed with scaly, parched lips.
- on 11/1/2023 at 9:40 AM and 11:05 AM, lying in bed with scaly, parched lips.
- on 11/2/2023 at 9:22 AM and 11:36 AM, lying in bed.
- on 11/3/2023 at 9:09 AM, lying in bed.
During an interview on 11/2/2023 at 4:44 PM, registered nurse (RN) Unit Manager #28 stated that Resident #74 should be receiving oral care when needed. Staff were expected to provide needed care every 1-2 hours including oral care. They stated the resident should be out of their bed into their chair daily and they had not been out of bed this week. The resident enjoyed watching staff and other residents, and it was not good for them to stay in bed all day.
During an interview on 11/3/2023 at 9:48 AM, licensed practical nurse (LPN) #27 stated that CNAs did not get the resident out of bed into their chair because they were not staffed appropriately, and this would lead to them skipping a task like oral hygiene.
During an interview on 11/3/2023 at 10:34 AM, CNA #30 stated the resident had not been assisted out of bed into their chair this week. They stated they just finished personal care and repositioned the resident but was not able to get the resident out of bed with just 2 aides on the floor. They stated there were no lift sheets available, they were short staffed, and could not complete their assignments.
During an interview on 11/3/2023 at 11:44 AM, CNA #31 stated that they were unable to complete their assignments as ordered and Resident #74 did not get out of bed today or at all this week. They stated they were short staffed and could not complete their assignments.
During an interview on 11/3/2023 at 1:21 PM, the Director of Nursing (DON) stated that CNAs would know about residents' individual needs from the care instructions. If a task was not done, the CNA should let someone know. Resident #74 could not express concerns, needs, or discomforts. The resident had depression, so not getting up in a chair could make them even more depressed or sad. They expected staff to provide care for residents as listed on the care instructions and or care plan. They were not aware that Resident #74 was not getting out of bed or receiving oral hygiene on a regular basis.
3) Resident #53 was admitted to the facility with diagnoses including stroke and flaccid hemiplegia (severe or complete loss of motor function on one side of the body). The 8/19/23 Minimum Data Set (MDS) documented the resident had moderately impaired cognition, required extensive assistance of two for most ADLs, used a wheelchair, and felt it was very important to choose between a bath, shower, and a bed bath.
The undated care instructions documented the resident required extensive assistance of 2 with bathing and 2 for a bed bath, and 1 to assist with a shower. The resident preferred a bath and was to receive a bath on Fridays during the 2:00 PM-10:00 PM shift. The resident required a mechanical lift with assistance of 2 for transfers. Be sure call light is within reach and encourage to use it for assistance as needed.
The CCP initiated 10/12/2023 documented the resident required assistance with self-care and mobility related to fatigue, impaired balance, and limited mobility. Interventions included 2 person care at all times due to increased physical assistance required for routine care; encourage resident to use call bell for assistance; partial/moderate assistance of 2 for shower/bathing activity, resident preferred bath, and their shower/bath was scheduled for Thursday day shift.
The October 2023 CNA flowsheet documented an X from 10/5/2023-11/1/2023 for bathing. There were no staff initials or time stamp to indicate if the task was completed or refused.
The 10/25/2023 at 7:27 PM registered nurse (RN) #42's progress noted documented the resident's family member called the facility to express their concern with the facility not having the call bell within reach of the resident. The call bell was documented to have been out of physical reach for this resident. Staff were educated on the importance of the resident always having the call light within reach when remaining in their room.
The 10/26/2023 at 11:30 AM RN Unit Manager #28's nursing progress note documented that during a conversation with the resident's family member, they expressed concern the resident was not receiving their showers.
During an observation and interview on 10/30/2023 at 11:55 AM, Resident #53 was seated in their wheelchair with a contracted (bent with restricted movement) left arm. The call bell was located on the floor under their bed and out of reach of the resident. Resident #53 stated they only get their shower once a month. The water was always cold in the morning, and they missed their showers on Mondays because the water was too cold.
During an observation on 10/31/2023 at 3:20 PM, Resident #53 was lying in bed with the call light at the top, left side of their mattress, near their head, and out of reach of the resident.
During an interview on 11/02/2023 at 9:29 AM, CNA #9 stated that Resident #53 needed their call bell, and they would use it to notify staff they needed assistance. The call bell should be secured within reach for the resident to use. Bath/shower activities were documented when completed. If the task was not completed, then it would be left blank.
During an interview on 11/02/2023 at 9:43 AM, registered nurse (RN) Unit Manager #28 stated that the facility had 2 shower rooms on the unit and residents should be receiving their showers as scheduled. The documentation from the CNA staff would indicate that it was complete and if left blank then it was not completed. They stated that if a bath/shower was not provided then CNA staff were expected to document a refusal for that task.
10NYCRR 415.12(a)(3)
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Quality of Care
(Tag F0684)
Could have caused harm · This affected 1 resident
Based on observation, interview, and record review for the recertification and abbreviated (NY00315912, NY00322422, and NY00323441) surveys conducted 10/30/2023-11/7/2023, the facility did not ensure ...
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Based on observation, interview, and record review for the recertification and abbreviated (NY00315912, NY00322422, and NY00323441) surveys conducted 10/30/2023-11/7/2023, the facility did not ensure residents received treatment and care in accordance with professional standards of practice for 1 of 1 resident (Resident #90) reviewed. Specifically, Resident #90 had a skin condition on admission that was not re-evaluated by the medical provider, and the resident did not receive the prescribed treatment for the skin condition. Additionally, the resident had not received a shower in one month.
The facility policy Administering Topical medications revised 1/2023 documented the guidelines for the safe administration of topical medications. The steps included: review of the medication administration record (MAR), maintain infection control measures, medication application with the use of a tongue blade and gloved hands, and document the medication provided in the MAR.
The facility policy Shower/Tub Bath revised 1/2023 documented the purpose was to promote cleanliness, provide comfort to the resident and observe the condition of the resident's skin. If the resident refused a shower, the reason for the refusal and the intervention made was to be documented, and the supervisor was to be notified. The physician was to be notified if any skin areas needed treatment.
Resident #90 was admitted to the facility with diagnoses including diabetes, peripheral vascular disease (poor circulation), and scabies (a contagious intensely itchy skin condition caused by a burrowing mite). The 7/30/2023 Minimum Data Set (MDS) assessment documented the resident was cognitively intact, required supervision/set up for bathing and personal hygiene, required assistance of 1 for lower extremity dressing, did not reject care, and did not have skin problems.
The comprehensive care plan (CCP) initiated on 7/24/2023 documented the resident was at risk for impaired skin integrity due to diabetes mellitus, peripheral vascular disease, history of bed bugs, and scabies. Interventions included skin observation and to report any signs of deterioration or significant change to the medical provider. On 10/2/2023, the CCP was updated to include the resident's need for assistance with self-care. Interventions included assistance of 1 for putting on/taking off footwear, and supervision or touch assistance with shower every Thursday. On 10/31/2023, the CCP was updated to include the resident refused care, showers, housekeeping, and/or clothing changes. Interventions included respect for the resident's wishes and notify the medical provider of negative behaviors or activity.
The 7/24/2023 medical order by nurse practitioner (NP) #33 documented a weekly skin evaluation was to be completed on Monday every week. The order was discontinued on 7/31/2023.
The 7/25/2023 at 6:58 PM, physician #3 progress note documented the resident was admitted to an acute care hospital after they acquired scabies at a homeless shelter. The resident was hospitalized and treated for scabies for 11 days. Following the hospitalization, the resident was admitted to the facility. The resident's skin was documented as dry with a scabies rash. The plan was to treat and eliminate scabies with permethrin cream 5% to be applied to the entire body daily.
A 7/25/2023 at 10:54 AM, registered nurse (RN) Unit Manager (RN UM) #1 progress note documented the nursing staff reported to RN UM #1 that the resident was complaining of itching and requested another treatment be done for scabies. They contacted the medical provider and obtained a new order to treat the condition with permethrin 5% cream. The resident was placed on contact precautions.
The 8/7/2023 medical order by NP #33 documented weekly skin evaluation to be completed on Wednesday every week. The order was discontinued on 10/5/2023.
An 8/7/2023 at 3:16PM by RN UM #1 progress note documented the resident completed treatment for scabies and no longer required contact isolation.
The 9/12/2023 weekly skin checks were documented by LPN #17 as completed and the resident's skin was intact.
The 10/5/2023 medical order by NP #33 documented weekly skin evaluation to be completed on Thursday every week.
There were no orders from 7/24/2023-10/5/2023 entered in the electronic medical record for permethrin cream.
The 10/11/2023 weekly skin checks were documented by LPN #17 as completed and included the resident's skin was intact.
A 10/12/2023 at 11:47 AM LPN #16 progress note documented the resident had a rash on their bilateral lower extremities and complained of itch around the rash. LPN #16 documented the rash resembled scabies. The resident had been scratching both legs and there was a small amount of bleeding noted. New orders were obtained from NP #33 to treat with permethrin cream.
The 10/12/2023 medical order by NP #33 documented treatment for scabies with permethrin external cream 5% daily to the entire body from 10/12/2023-10/26/2023.
The 10/18/2023 weekly skin checks were documented as completed by LPN #17 and included the resident's skin was intact.
During observation and interview with the resident on 10/31/2023 at 9:28 AM, they stated that the rash on their lower legs had been ongoing for close to a year. The rash was observed to the bilateral lower extremities and localized to the shins. There were scattered raised vesicular areas, other areas were scabbed over, some areas were red and flat. The area appeared irritated. The resident stated the itch was unbearable and when they scratched the area it started to burn. The resident's fingernails were long and jagged with a black substance underneath every nail. The resident stated they do not think the rash was being addressed as they had brought the concern to the attention of the staff, and nothing was being done.
The 10/31/2023 medical order by NP #33 documented ammonium lactate external cream 12% to bilateral lower extremities topically one time a day for itching/burning rash.
A 10/31/2023 at 11:03 AM RN UM #1 progress note documented the provider was made aware of the resident's continued complaint of itching/burning to the bilateral lower extremities. A new order for ammonium lactate cream was ordered by NP #33.
A 11/1/2023 progress note by RN UM #1 documented the medical order for ammonium cream 12% to bilateral lower extremities was omitted. They contacted the on call medical provider to report the incident.
There were no additional medical provider notes documented in the electronic record.
The 11/2/2023 weekly skin checks were documented by LPN #17 as completed and include the resident's skin was intact.
During a follow up interview on 11/2/2023 at 10:19 AM, the resident stated their legs were unchanged from 10/31/2023. The resident stated the staff had not put any cream on their legs in the past 2 days. The resident stated they could not recall the last time they showered/bathed. The resident stated the water in their bathroom shower was cold and they would not take a cold shower. They also stated they would not walk to the other end of the hall partially dressed to shower. They stated the shower in the hall located outside of their room had been out of service for 3 weeks.
During an interview on 11/2/2023 at 11:26 AM LPN #17 stated they treated the resident's lower extremities with the prescribed cream on 11/1/2023 and 11/2/2023. LPN #17 stated they cleaned the resident's legs with a washcloth and applied the cream on both legs. LPN #17 removed the prescribed cream, ammonium lactate 12%, from the treatment cart. When the top was removed from the cream, the sealed protective film was intact. LPN #17 stated that was the tube of cream that was used for the resident's treatment on 11/1/2023 and 11/2/2023. They stated there was no other ammonium lactate 12% cream on the unit.
During an interview on 11/2/2023 at 12:55 PM RN UM#1 stated the resident often refused care. They reviewed the electronic record documentation and stated the documentation indicated the resident refused all showers for the past 30 days. They were unable to locate the last date the resident received a shower. They stated it was their expectation that the resident would be reapproached by the CNA on the same day they refused a shower. The CNA should report the refusal to the charge nurse on the unit and document the refusal. The charge nurse should approach the resident on the same day to discuss a shower. They stated the ordered ammonium lactate cream 12%, appeared to be unopened and unused despite documentation in the TAR that it was administered.
10NYCRR415.12
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Accident Prevention
(Tag F0689)
Could have caused harm · This affected 1 resident
Based on observations, record review and interview during the recertification and abbreviated (NY00304868 and NY00322422) surveys conducted 10/30/2023-11/7/2023, the facility did not ensure that each ...
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Based on observations, record review and interview during the recertification and abbreviated (NY00304868 and NY00322422) surveys conducted 10/30/2023-11/7/2023, the facility did not ensure that each resident received adequate supervision and assistance devices to prevent accidents for 1 of 3 residents (Resident #98) reviewed. Specifically, Resident #98 had a history of falls with injury and the facility did not update the resident's environment or comprehensive care plan to incorporate planned safety measures.
Findings include:
The facility policy Falls Prevention Program revised on 1/2023 documented as part of the initial assessment, the interdisciplinary team (IDT) will help identify individuals with a history of falls and risk factors for falling. The staff will evaluate, and document falls that occur while the individual was in the facility. The staff will seek to identify environmental factors that may contribute to falling. The IDT will identify pertinent interventions to try to prevent falls. If the individual continues to fall, the staff and physician will consider other possible reasons for the resident's falling. The staff, with the input of the physician, will identify appropriate interventions to reduce the risk of falls. In conjunction with the physician, the staff will identify and implement relevant interventions to try to minimize serious consequences of falling. If a resident continues to fall despite attempted interventions, the nursing staff will discuss the situation with the IDT.
The facility policy Falling Star Program revised 1/2023 documented the program identifies the highest risk for falls and then aggressively works to monitor, prevent, and minimize injury related to falls. Falling stars designation may be initiated by any member of the care plan team who feels that because of unsafe behaviors and/or repeated falls, the resident would benefit from staff having increased awareness of the potential for falls. The resident will have a star placed next to their name by the name plate outside their room. A star will be placed on all the resident's devices (walker and/or wheelchair). Staff will be informed of residents on the falling star program during shift to shift report and rounding.
Resident #98 was admitted to the facility with diagnoses including dementia, Parkinson's disease (a progressive neurological disease), and frequent falls. The 10/27/2023 Minimum Data Set (MDS) assessment documented the resident had moderate cognitive impairment, had no behavioral symptoms, required partial assistance with self-care, was independent with mobility, assistance of 1 or 2 with toileting, personal hygiene, and dressing, and had a history of falls.
The comprehensive care plan (CCP) initiated on 8/22/2023 and revised on 9/14/2023 documented the resident was at risk for falls. Interventions included call bell in reach, medication review, safe secure clutter free area, not to be left alone in the dining room, motion sensor, provide a mirror at the bedside and keep in reach of the resident, provide a reacher/grabber tool, dycem to the wheelchair, and antiroll back device to the wheelchair. The care plan also documented that the resident required assistance with activities of daily living. Interventions included extensive assist of 1 person with ambulation, transfers, bed mobility, toileting, and personal hygiene.
An 8/22/2023 physician #3 progress note documented the resident was a fall risk. The resident had recently fallen and sustained a left subdural hematoma (a pool of blood between the brain and the outermost covering of the brain). The resident's medications did not contribute to resident's fall risk. The recommendation was for physical therapy (PT) for gait and balance, supportive and protective care from nursing, and avoid further falls.
Resident #98 fell on the following dates:
- on 8/25/2023 at 6:25 PM, in the dining room when they tried to stand unassisted. The care plan was updated to include intervention to not allow resident in the dining room unsupervised. There was no injury documented.
- on 8/26/2023 at 5:30 AM, in their room, witnessed by their roommate. The resident suffered a skin tear to the left elbow that required transfer to the emergency department of a local hospital. The resident required sutures to close the wound. The care plan was updated to include intervention for a motion sensor while in their room.
- on 8/26/2023 at 6:00 PM, in the dining room when they tried to adjust their urinary catheter. The investigation determined the resident was in the dining room unsupervised. The care plan was updated to include an intervention to remove the resident from the dining room when the meal was completed. There was no injury.
- on 8/31/2023 at 1:00 AM, found in their bed with a laceration to the elbow. The investigation determined the resident was cut by a broken piece of their eyeglasses found under the resident in bed. The investigation documented the resident was unable to state the cause of the injury. The resident was sent to the emergency department for sutures to close the wound. The resident told the emergency department staff that they fell out of bed at the facility. The care plan was updated to include mats on both sides of the bed.
- on 9/12/2023 at 9:05 AM, found on the floor in the bathroom. The resident reported they got up from the wheelchair to look in the mirror and fell. The care plan was updated to include placing a mirror at the resident's bedside in easy reach for the resident. There was no injury.
- on 9/14/2023 at 9:50 AM, found on the floor in their room between their wheelchair and walker with their head on the heater. The resident was unable to describe how they fell. The resident placed themself back in the wheelchair as staff entered the room. The care plan was updated to include an intervention of antiroll back brakes for the resident's wheelchair. There was no injury.
- on 9/14/2023 at 11:30 AM, observed by staff reaching forward in their wheelchair, the wheelchair slid out from under the resident, and the resident fell on their knees. The care plan was updated to include the addition of Dycem (anti-slip material) to the wheelchair seat. There was no injury.
- on 9/15/2023 at 5:00 AM, found on the floor in their room. The resident reported they tried to ambulate to the bathroom but fell and hit their head. The facility investigation concluded with the recommendation to place the resident in the Falling Stars Program. The care plan was not updated to include the recommendation. The resident sustained a bump to the back of their head.
- on 10/9/2030 at 5:30 PM, found on the floor in their room leaning against the bathroom door. The resident said they lost their balance. The facility investigation concluded, since the resident fell twice in the bathroom, to include the recommendation to place a STOP sign on the resident's bathroom door. The care plan was not updated to include the recommendation. There was no injury.
- on 10/11/2023 at 2:40 PM, found on the floor in their room, and was observed by staff to return to their wheelchair unassisted before the staff could intervene. The resident stated they attempted to stand up from the wheelchair to reach for an item and forgot to use the wheelchair brakes. The resident was given a reacher tool. The care plan was not updated to include the intervention. There was no injury.
- on 10/13/2023 at 8:10 AM, found on the floor lying on their right side next to the bed. The resident's right arm was bent behind them. Their head was partially under the bed. The resident suffered a hematoma (bruise) to the right side of their head, their right eye was swollen, the right cheek was red, the right arm was swollen, and the resident had slurred speech. The resident was sent to the emergency department of a local hospital where it was discovered by computed tomography (CT) of the head that they suffered a traumatic subdural hematoma from the fall. The resident required an eleven day acute care hospital stay, and neurosurgery intervention to drain the blood pooled on their brain. There were no updates made to the care plan
- on 10/29/2023 at 8:45 PM, found on the floor in front of their closet. The resident stated they were looking for clothes for bed. The facility investigation concluded with a recommendation to offer the resident nighttime care and assistance at 7:00 PM. The care plan was not updated to reflect the recommendation. There was no injury.
- on 10/31/2023 at 5:10 PM, found on the floor in their room. The resident stated they were reaching for their urinary collection device that fell under the bed. The care plan was not updated to include the incident. The resident was provided a clean urinary collection device and instructed to call for assistance when needed.
During an observation and interview on 10/31/2023 at 9:56 AM, the resident stated they recently returned from the hospital because they fell at the facility and hit their head. The resident had a surgical wound to the left side of their head in the healing process. The resident stated they had experienced more than one fall while a resident of the facility. The resident described another incident where they fell out of bed and required sutures to their arm. The resident stated, well yes I've had more than one fall in this place.
During an observation of the resident's room on 11/1/2023 at 7:53 AM, there was no mirror on the bedside tray table or the bedside nightstand as care planned.
During an observation of the resident's room on 11/3/2023 at 9:21 AM, the bedside mats were folded and placed at the entrance to the room. The nightstand on the right side of the bed was cluttered and there was a reacher tool located in the far corner of the nightstand, behind the clutter, out of the reach of the resident. The STOP sign banner used for the resident's bathroom door, for safety, was hanging from the frame of the bathroom door onto the floor. The sign was not placed across the bathroom entrance as planned.
During an interview on 11/2/2023 at 11:18 AM, certified nurse aide (CNA) #7 stated the resident would not follow staff 's request to call for help before they transferred from their wheelchair or their bed. They stated the resident required assistance of 1 with dressing, showers, and transferring. The resident was a fall risk and was categorized as a Falling Star which meant the resident should be checked every 30 minutes. They stated they did not have to document the checks were happening. They stated the resident had falls with injuries. They stated the resident had floor mats for the sides of the bed and a motion sensor alarm when they were in their room.
During an interview on 11/2/2023 at 12:45 PM, registered nurse (RN) Unit Manager (RN/UM) #1 stated the resident recently sustained a head injury when they fell. They stated the resident was a fall risk. They stated the resident's family notified the facility on admission that the resident had several falls prior to admission to the facility. They described the Falling Stars program as an intervention for the safety of the resident. Their expectation was the resident was checked on hourly for safety. There was no requirement for the staff to document the hourly check. They stated without documentation. there was no way to know if hourly checks were provided. They stated further safety interventions for the resident included floor mats for both sides of the bed, a motion sensor for the room, antiroll back brakes for the wheelchair, and early evening care for bed. They stated the resident has had multiple falls while in the facility.
During an interview on 11/3/2023 at 10:32 AM, LPN #10 stated they were not sure if the resident was a fall risk. They stated that changes in care requirements of the residents were discussed by staff talking to each other. They stated they did not check the care plan regularly and was made aware of changes to the care plan when a new order appeared on the medication or treatment administration record. They stated they did not have time to read the care plans. They stated the resident was not on frequent checks for safety and the resident had a few falls since they started working at the facility. They stated the only safety measure they were aware of for the resident were fall mats at the bedside.
During a follow up interview on 11/6/2023 at 1:26PM, RN/UM #1 stated the resident was discharged on 11/4/2023 to the resident's family member. They stated it was a planned discharge. They stated since the resident was discharged , all the resident's records were closed, and they could not provide specific information about the resident. They stated that all staff members were educated on the Falling Stars program upon hire to the facility and re-educated any time a resident on the unit was placed on the program. They stated the care plan was updated whenever there was a need based on a resident's status. They stated changes to the care plan automatically populated the CNA care card. They stated staff received resident information, including any changes, during shift report.
415.12(h)(2)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Respiratory Care
(Tag F0695)
Could have caused harm · This affected 1 resident
Based on observation, record review, and interview during the recertification survey conducted 10/30/2023-11/7/2023, the facility did not ensure that residents who needed respiratory care were provide...
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Based on observation, record review, and interview during the recertification survey conducted 10/30/2023-11/7/2023, the facility did not ensure that residents who needed respiratory care were provided such care, consistent with professional standards of practice for 2 of 2 residents (Residents #5 and #74) reviewed. Specifically, Residents #5 and #74 received oxygen (O2) at flow rates that were not consistent with physician orders, and Resident #5's oxygen nasal cannula was observed on the floor.
Findings include:
The facility policy Oxygen Administration last reviewed on 1/2023 documented that oxygen was to be administered as ordered.
1) Resident #5 was admitted to the facility with diagnoses including emphysema (lung disease) and obstructive sleep apnea (a disorder that causes repeated pauses in breathing during sleep due to blocked airways). The 8/25/2023 Minimum Data Set (MDS) assessment documented the resident had intact cognition, required extensive assistance for most activities of daily living (ADLs), and required oxygen therapy.
The comprehensive care plan (CCP) initiated 7/18/2023 documented the resident had an alteration in respiratory system related to emphysema and sleep apnea. Interventions included provide O2 per physician orders and maintain/change tubing per protocol.
Physician orders dated 8/19/2023 documented oxygen at 2 liters (liters per minute) via nasal cannula at bedtime.
The following observations of Resident #5 were made:
- on 10/30/2023 at 10:15 AM the oxygen tubing and nasal cannula were on the floor next to the bed.
- on 10/31/23 at 2:15 PM wearing a nasal cannula with the oxygen concentrator on and set at 3 liters per minute.
- on 11/01/23 at 12:10 PM wearing a nasal cannula with the oxygen concentrator on and set between 3-4 liters per minute.
- on 11/02/23 at 10:45 AM and 11:34 AM wearing a nasal cannula with the oxygen concentrator on and set at 4 liters per minute.
The October 2023 treatment administration record (TAR) documented oxygen at 2 liters vis nasal cannula at HS (hour of sleep). The TAR documented the resident received 2 liters of O2 on 10/30/2023 and 10/21/2023 from 2:00 PM- 6:00 AM. The November 2023 TAR documented the resident received 2 liters of O2 on 11/1/2023 and 11/2/2023 from 2:00 PM- 6:00 AM.
During interview on 11/2/2023 at 11:41 AM, register nurse (RN) Unit Manager (RN UM) #32 stated the oxygen on the unit was mainly worn at night or when in bed. Anyone on oxygen should have oxygen checks every shift. RN UM stated if an order was for a resident to be on O2 at 2 LPM, the oxygen concentrator should be set at 2 LPM. If an oxygen concentrator was set to the wrong liter per minute, a CNA should alert the LPN and the LPN should take the resident's oxygen saturation, turn the concentrator down to the appropriate level, and take the oxygen saturation level again. RN UM #32 stated that Resident #5's oxygen orders were for 2 LPM at bedtime.
During an interview on 11/02/2023 at 9:38 AM, certified nurse aide (CNA) #23 stated they made sure the oxygen was on the resident when they went to bed. Everything else with the oxygen, including tube changing, was done by the nurse.
During interview on 11/02/2023 at 10:17 AM, licensed practical nurse (LPN) #24 stated the orders for the oxygen are on the medication administration record and the nurses were responsible to put the oxygen on and take it off the resident. LPN #24 stated the goal was to keep the oxygen tubing as clean as possible and it should be stored in a bag at the bedside. During the day if a resident had their oxygen on because they were in bed or asleep, the nurse should check the liters per minute rate to ensure it was accurate.
2) Resident #74 had diagnoses including non-traumatic intracerebral hemorrhage (brain bleed) and tracheostomy (surgically created airway). The 7/22/2023 MDS documented the resident had severely impaired cognition and required tracheostomy care and oxygen 7 of 7 days.
The CCP initiated 8/2/2021 documented the resident had an alteration in respiratory system related to tracheostomy. Interventions included administer oxygen and provide humidification per physician orders.
The 1/19/2022 nurse practitioner (NP) #25 medical order documented oxygen via trach collar at 5 liters per minute (LPM) for humidification, monitor every shift.
An 8/23/2023 at 10:10 AM physician #3 progress note documented oxygen delivery was at 4 LPM via trach mask. The plan was to continue oxygen at 4 LPM via trach mask to maintain saturation levels greater than 92%. There was no subsequent physician order for O2 at 4 LPM.
Resident #74 was observed:
- on 10/30/2023 at 12:25 PM with their oxygen concentrator was set at 2.5 LPM.
- on 10/31/2023 at 8:27 AM with their oxygen concentrator set at 2.75 LPM.
- on 11/01/2023 at 9:40 AM with their oxygen concentrator set at 2.75 LPM.
During an observation and interview on 11/01/2023 at 9:42 AM, registered nurse (RN) Unit Manager (RN/ UM) #28 stated the resident's oxygen was ordered for 5 LPM for humidification and the concentrator would not adjust higher than 3 LPM.
During an observation and interview on 11/01/2023 at 10:10 AM LPN #26 reviewed the orders for Resident #74 and stated the oxygen order read 5 LPM and the oxygen concentrator was registering below 3 LPM. At 11:16 AM a new oxygen concentrator was delivered to Resident #74's room, LPN #26 immediately connected the oxygen assembly and the concentrator then displayed 4 LPM. The LPN #26 stated the oxygen concentrator would not deliver oxygen at 5 LPM as ordered.
During an interview on 11/3/2023 at 9:41 AM LPN #27 stated the resident's O2 order was oxygen via trach collar 5 LPM for humidification and they signed for that on 10/31/2023. They stated they should have looked at the oxygen concentrator to verify. Resident #74 was not in distress and the concentrator was running, so they did not look at the display. They stated if the resident did not receive the ordered amount of oxygen, they could have respiratory distress, become short of breath, or desaturate.
During an interview on 11/3/2023 at 10:08 AM RN UM #28 stated the order for O2, and amount delivered should match. If they did not match, they expected staff to alert them or the supervisor. Resident #74 required oxygen and if the amount was incorrect it could result in respiratory distress or respiratory failure.
During an interview on 11/3/2023 at 10:31AM, LPN #26 stated that they signed for oxygen delivery at 5 LPM because the bubbler has a dial on the collar that was marked 5 L/28% and they thought that it was correct. Resident #74 was monitored including oxygen saturation levels, they were always middle to high 90's and everything was good.
During an interview on 11/03/2023 at 12:11 PM, physician #3 stated all orders should be followed as written by the provider. If the resident did not receive the oxygen as ordered they could desaturate, have a dry airway, leading to respiratory tract decompensation and or respiratory failure.
During an interview on 11/03/2023 at 1:21 PM, the DON stated Resident #74's oxygen should be administered as ordered at 5 LPM. The nurses should not have signed that it was being delivered at 5 LPM if it was not. The nurses should have relayed to the RNUM or RN supervisor that the concentrator was not able to reach the ordered rate of 5 LPM. If a resident did not receive the ordered amount of oxygen they could desaturate or have respiratory distress because of their inability to maintain a moist airway.
10 NYCRR 415.12(k)(6)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0698
(Tag F0698)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview during the recertification survey conducted 10/30/2023-11/7/2023, the facility did not ensu...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview during the recertification survey conducted 10/30/2023-11/7/2023, the facility did not ensure that a resident who required dialysis received such services consistent with professional standards of practice for 1 of 1 resident (Resident #56) reviewed. Specifically, Resident #56 received hemodialysis (a process of purifying the blood when the kidneys do not work properly) treatments at a community based dialysis center and did not have ongoing monitoring before/after the dialysis treatments, and there was no evidence of ongoing communication, service coordination, or collaboration between the facility and the dialysis staff.
Findings include:
The facility policy Dialysis Communication revised 1/2023, documented the facility would maintain a communication book between the facility and the dialysis center treating the resident. On the scheduled dialysis days, the nurse would take vital signs, document relevant labs and pre-dialysis weight into the communication book, as well as the resident's medical chart. Any relevant events, as well as diagnostic tests, or changes in condition will be documented in the book for the dialysis center review. Abnormal vital signs prior to dialysis must be reported to the facility's medical professional. The resident will be transported with the communication book. Upon return from dialysis, the nurse will review the book for communication from the dialysis center regarding the resident's treatment, labs taken at dialysis, vital signs, and post dialysis weight. The nurse will document pertinent information in the medical record and relay resident's condition upon return to a medical professional if not within the resident's baseline. All nursing staff will be educated on the location of the dialysis books. All adverse effects reported by the dialysis center must be followed up with a call to the center to confirm details.
The facility policy Dialysis revised 1/2023, documented the facility will maintain a communication log with the respective centers on all residents who go out for dialysis. Interfacility communications will be tracked and followed up on.
Resident #56 was admitted to the facility with a diagnosis of chronic kidney disease stage 4 and was dialysis dependent. The Minimum Data Set (MDS) assessment dated [DATE], documented the resident had a moderate cognitive deficit, required set up assistance with eating, supervision, and assistance of 1 with toileting, shower, and personal hygiene, and required hemodialysis.
The comprehensive care plan (CCP) initiated on 9/27/2023, and revised on 10/19/2023, documented the resident required hemodialysis three times weekly. Interventions included encourage attendance at dialysis as scheduled, monitor and report signs or symptoms of infection to the medical provider, and obtain vital signs and weight per protocol and report any significant changes immediately.
Medical orders dated 9/27/2023 by nurse practitioner (NP) #33 documented the need to monitor the dialysis catheter to the right upper chest for bleeding or infection every shift. Monitor for any drainage from the site, keep the dressing in place per dialysis instruction. Report any concerns to the supervisor/manager. Resident to attend dialysis three times a week on Tuesday, Thursday, and Saturday.
During an interview on 10/30/2023 at 11:51 AM, the resident stated they receive dialysis on Tuesday, Thursday, and Saturday. They were not aware of a communication book.
There was no documented evidence of communication between the facility and the dialysis facility.
During a telephone interview on 11/1/2023 at 11:16 AM dialysis facility RN #19 stated the facility did not send any communication of resident's status to the dialysis center on scheduled dialysis days. They stated the dialysis center sends back a communication report with the resident. The report included the resident's vital signs and weight after the dialysis session. The report also included any pertinent medical information. They stated there was no verbal communication between the facility and the dialysis center on the resident's dialysis day.
During an interview on 11/2/2023 at 9:51 AM licensed practical nurse (LPN) #13 stated they sent the resident to dialysis 6 or 7 times. They stated they were not required to check the resident's vital signs before departure to dialysis and were not aware of a communication book and have never completed any documentation for the resident to take to dialysis. They stated they have never had any communication with the dialysis center on the resident's dialysis day and did not know what dialysis center the resident received their treatment. They stated the resident left the building around 9:00 AM and sometimes did not return before the end of their scheduled shift.
During an interview on 11/2/2023 at 10:37AM RN Unit Manager (RNUM) #1 stated they were unsure of where the resident went to dialysis. They stated there was a communication book that was sent with the resident to dialysis and included dialysis communication forms to be completed by the nurse before the resident left the facility. The form also has an area to be completed by the dialysis center before the resident returned to the facility. They stated the resident did not require vital signs when they returned from dialysis. They stated if the communication form was not completed by the dialysis center, they expected the facility nurse to call for a verbal report of the dialysis session. They stated the completed dialysis form was placed in the medical provider book for review and sign off and was scanned into the facility electronic medical record (EMR). They stated it was important to communicate with the dialysis center to be certain the resident received the treatment and to be made aware of any concerns during/after the treatment. They stated the nurses were required to check the resident's dialysis catheter every shift.
During an interview on 11/2/2023 at 4:18 PM RN #2 showed a black three ring binder with facility communication forms inside. There was a communication form in the binder from the dialysis session held on this date and the facility completed their part of the communication sheet, but the dialysis center did not. RN #2 stated the facility nurse did not call the dialysis center for a report. They stated the resident returned to the facility at 2:00 PM. There was only one communication sheet in the binder, and they stated the completed forms were removed from the binder after every dialysis session. They stated previous communication forms were in the scanned section of the resident's EMR.
A review of the scanned documents in the EMR dated 9/27/2023 to 11/3/2023 included two dialysis communication forms.
During a telephone interview on 11/3/2023 at 8:55 AM dialysis facility LPN #21 stated the resident arrived at dialysis with a black binder, but the facility never completed their part of the communication form. They stated the dialysis center sent back a computer generated report with the resident after the dialysis session.
During an interview on 11/3/2023 at 10:09 AM LPN #14 stated the resident had a book that was sent with them to dialysis. They stated the facility nurse completed the communication form before the resident left for dialysis. They stated the completed communication forms remained in the binder and when the resident returned from dialysis there were no special care requirements.
10NYCRR415.12(k)
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Room Equipment
(Tag F0908)
Could have caused harm · This affected 1 resident
Based on observation and interview during the recertification and abbreviated (NY00323441) surveys conducted 10/30/2023-11/7/2023, the facility did not ensure facility equipment was maintained in prop...
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Based on observation and interview during the recertification and abbreviated (NY00323441) surveys conducted 10/30/2023-11/7/2023, the facility did not ensure facility equipment was maintained in proper operating condition for 2 of 3 units (Units 3 and 4) and the main kitchen. Specifically, the dispensing ice machines were not functional on Unit 3 and Unit 4, Unit 4's kitchenette had a convection toaster with a damaged plug, and the main kitchen's three bay sink had a leak.
Findings include:
Ice Machines:
During an observation on 10/30/2023 at 12:30 PM, the ice machine in Unit 3's ice machine room did not dispense ice when pressed.
During an observation on 10/31/2023 at 9:13 AM, there was a large cooler in the Unit 3 ice machine room with ice in it and a plastic scoop. A resident aide was in this room scooping ice and filling water pitchers.
During an interview on 11/1/2023 at 9:52 AM, licensed practical nurse (LPN) #40 stated the ice for the medication pitchers had come from a cooler in the room across from the nursing station, and they believed that the Unit 3 ice machine was not working. They stated that the water for the residents would come from the large 5 gallon containers in the corner of the Unit 3 dining room.
During an interview on 11/1/2023 at 9:54 AM, certified nurse aide (CNA) #39 stated they got water for the residents to drink from 5 gallon water cooler jugs that were in the third floor dining room.
During an observation on 11/01/2023 at 9:55 AM, there were two 5 gallon jugs of water in the corner of the Unit 3 dining room and another one on top of a dispenser.
During an observation on 11/2/2023 at 10:16 AM, the Unit 4 ice machine had two signs stating, out of use. There was a cooler full of ice in the room.
During an observation on 11/2/2023 at 9:17 AM, a maintenance worker delivered two 5 gallon jugs of sealed water to Unit 3.
During an interview on 11/2/2023 at 4:30 PM, dietary aide #38 stated that ice water and ice was brought up from the main kitchen. They stated that there was no functioning ice dispenser on Unit 3 and the ice for unit use other than mealtime was from the cooler in the ice machine room.
During an interview on 11/3/2023 at 10:00 AM, dietary aide #34 stated that the ice machines on Unit 3 and Unit 4 were not working. They stated the Unit 3 ice machine did work yesterday or today.
During an interview on 11/3/2023 at 11:22 AM, the Food Service Director stated that they did not have anything to do with the ice machines on the resident units, and that sometimes staff would come down to the main kitchen and collect ice and bring it back to the resident unit. They stated that the ice machines had been repaired 5 to 6 months ago.
Convection Toaster:
During observations on 10/31/2023 at 12:06 PM, and 11/2/2023 at 10:06 AM, the Unit 4 kitchenette convection toaster electrical wire near the plug was damaged.
During an interview on 11/3/2023 at 1:35 PM, the Assistant Maintenance Director stated that they were not aware that the convection toaster had a damaged cord.
During an interview on 11/3/2023 at 2:05 PM, the Food Service Director stated the convection toaster cord had been inspected annually by the maintenance department. They expected kitchen staff to tell them, and then would send a work order to the maintenance department. They stated that if an item needed be repaired or replaced, they would send a request to corporate.
Main Kitchen Three Bay Sink:
During an observation on 11/2/2023 at 9:59 AM, the main kitchen three bay sanitizer sink had a leak underneath when the water drained.
During an interview on 11/2/2023 at 9:59 AM, The Food Service Director stated that they were not aware of this leak, and this sink may have been used three times since being hired a little over a year ago.
10NYCRR 415.29
CONCERN
(E)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Safe Environment
(Tag F0584)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review, and interview during the recertification and abbreviated (NY00316983, NY00323441, NY0032691...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review, and interview during the recertification and abbreviated (NY00316983, NY00323441, NY00326912) surveys conducted 10/30/2023-11/7/2023, the facility did not ensure residents had the right to a safe, clean, comfortable, and homelike environment for 3 of 3 resident floors (Units 2, 3, and 4), and the main kitchen. Specifically, the Unit 2 dining room had unclean curtains; Unit 3 had a strong urine odor, unclean fall mats, shower nozzles, shower chair, and floors and walls near the elevator in the kitchenette; Unit 4 had unclean walls and floors in the kitchenette, and a strong urine odor; the main kitchen had unclean walls and equipment; and Units 2, 3, and 4 had hot water that was not maintained between 90 degrees Fahrenheit (F) and 120 degrees F.
Finding include:
The facility policy Cleaning and Disinfection of Environment Surfaces revised 1/2023 documented housekeeping surfaces (e.g., floors and tabletops) would be cleaned on a regular basis, when spills occurred, and when these surfaces were visibly soiled. Environmental surfaces would be disinfected (or cleaned) on a regular basis, when spills occurred, and when the surfaces were visibly soiled. Walls, blinds, and window curtains in resident areas would be cleaned when these surfaces were visibly contaminated or soiled.
The undated Units 2, 3, and 4 Daily Housekeeping Checklist for resident rooms documented daily cleaning on the unit included: empty all trash, wipe down handrails, clean toilets, dust mop and spot mop floor messes, clean dining room, and clean Hoyer/sit to stands.
CLEAN and HOME LIKE ENVIRONMENT
The following observations were made on 10/30/2023:
- at 9:50 AM, there was a strong urine odor on Unit 4 near the elevator area.
- at 10:01 AM on Unit 3 there was a strong urine odor in resident rooms [ROOM NUMBERS] and urine soaked briefs in the bathroom trash can. The shower room was unclean and had a shower chair with a yellow stained towel placed on it. The floor mat in resident room [ROOM NUMBER] was ripped with exposed soiled foam.
- at 11:27 AM, the Unit 3 elevator floor was unclean.
- at 11:47 AM, the cabinets in the Unit 3 kitchenette had condiment containers with dried liquid stains on them and the edges of the floor were layered with dirt and debris.
- at 1:35 PM, the 3042 shower room spray nozzle was on the ground.
- at 1:57 PM, there was a strong urine odor on Unit 4 from the elevator area to resident room [ROOM NUMBER].
- at 2:38 PM, the Unit 2 dining room window curtains were unclean.
During observations on 10/31/2023 at 9:00 AM there was a strong urine odor in the Unit 4 dining room. At 12:05 PM, the Unit 4 kitchenette walls and floor was not clean.
The following observations were made on 11/2/2023:
- at 8:21 AM, the Unit 3 elevator floor was coated with dried dirt and debris.
- at 9:32 AM in the main kitchen the wall behind the oven was not clean; there was duct tape covering a hole in the exhaust vent over the oven; the front, sides, and tops of the two deep fryers were not clean; and the wall behind the dish machine was not clean.
- at 10:39 AM, the Unit 2 dining room wall near the kitchenette was not clean. There was a 1 foot x 1 foot section of the wall that was damaged.
During an interview on 11/03/2023 at 8:56 AM, housekeeping aide #41 stated they cleaned the dining room after every meal and had swept and scraped any food remnants off the floors and walls. They stated they cleaned the nurse's station, swept, and mopped the staff bathrooms, and cleaned resident rooms starting with the south wing of Unit 3. They stated dietary staff was responsible for keeping the refrigerator and cabinets clean. Housekeeping aide #41 stated that a resident room would be terminally cleaned when a resident would leave a room. They stated resident room cleaning included cleaning the dresser drawers inside and out and moving all items away from the walls before cleaning the walls and floor.
During an interview on 11/3/2023 at 9:09 AM, the Housekeeping and Laundry Director stated there was one housekeeper for each resident unit, one night shift worker, and one person assigned to trash collecting during the day. They stated that the housekeeper assigned to a unit would clean the resident rooms, the dining room, the kitchenette, the shower rooms, the clean and dirty utility rooms, and the resident bathrooms daily. They stated the housekeeping staff would never leave their unit without completing all their tasks. The floors were cleaned daily, and the walls were cleaned weekly and as needed. They stated the floors in resident rooms with urine odors should be checked and cleaned twice a day, the urine odor was caused by residents urinating on the floor, and dirty briefs should be thrown in the soiled utility room to eliminate odors. They stated the housekeeping staff was responsible for cleaning the kitchenette, cleaning the dining room floors, walls, windows, and tables. They stated that every resident should have a clean living space to ensure their health, dignity, and safety was maintained. They stated they rounded the facility every day and was not aware of the unclean areas.
During an interview on 11/3/2023 at 1:35 PM, the Assistant Maintenance Director stated there were maintenance logbooks located at each resident floor nursing station, and that sometimes staff would log an issue but not include specific room numbers or specific resident names. They stated that they would go to a floor to correct an issue, and then be asked to do other tasks. They stated they were aware of the unclean floors and walls, and that there was room for improvement. They were not aware of any urine odors on the resident floors, or of the dirty window curtains in the facility.
During an interview on 11/3/2023 at 2:30 PM, the Administrator stated that the housekeeping department was responsible for cleaning the floors, walls, window curtains, and other surfaces within the facility. They stated they had previously mentioned dirty window curtains to the housekeeping staff. The Administrator stated that if a resident had incontinence issues, the housekeeping department would be made aware to get to the root cause on how the urine odor could be minimized. They stated that resident rooms were on a daily cleaning schedule and deep cleaning of resident rooms was done when the resident left the facility.
HOT WATER
During an observation on 10/30/2023 at 10:01 AM, the water in resident room [ROOM NUMBER] did not get hot.
During an observation on 10/30/2023 at 10:16 AM, the water in resident room [ROOM NUMBER] bathroom did not get hot.
During an interview on 10/31/2023 at 9:23 AM, Resident #90 stated they had not taken a shower in weeks. They stated there was no hot water in the shower and they would not take a shower in cold water.
Resident #90's comprehensive care plan (CCP) revised on 10/2/2023, documented the resident was scheduled for a shower or bath every Thursday on the evening shift.
During a subsequent interview on 11/2/2023 at 10:19 AM, Resident #90 stated they had not taken a shower because the water was cold in their personal room shower. They stated the shower in the hall, near the resident's room had been out of service for weeks and they would not go down the hall to the other side of the unit for a shower, partially dressed. They stated they had not been offered a shower in weeks, they felt dirty, and could not recall the last time they showered.
During an observation on 11/2/2023 at 10:26 AM, Resident #90's shower hot water was turned on and the water was cold and progressed to lukewarm only after several minutes.
During an interview on 11/2/2023 at 11:09 AM, certified nurse aide (CNA) #7 stated Resident #90 was independent with personal hygiene. They stated that Resident #90 refused to take a shower because the water was cold and had refused to walk to the shower on the north side of the unit. CNA #7 stated that the shower on the south side of the unit, closer to Resident #90's room, had been out of order for two or three weeks. They stated they were unsure of the last time that Resident #90 showered.
During an interview on 11/2/2023 at 12:55 PM, registered nurse (RN) Unit Manager #1 stated Resident#90 had refused to shower and based on review of the electronic medical record (EMR), and they had not showered in over one month.
During an observation on 11/02/2023 at 12:53 PM in the basement boiler room the water temperature as the water passed through the mixing valves could not be checked as there were no ports to release and check the temperature of the water. The water temperature gauge in the boiler room was set at 112 degrees F. The hot water in the basement bathroom, located next to the boiler room temperature measured at 121 degrees F. During an interview at the time of the observation, the Assistant Maintenance Director stated that the hot water pipe would go from the basement to each floor in between resident rooms [ROOM NUMBERS], resident rooms [ROOM NUMBERS], and resident rooms [ROOM NUMBERS]. There was a short water loop on the south wing and a longer water loop on the north wing.
On 11/2/2023, between 1:20 PM and 1:40 PM, Unit 4 had the following measured hot water temperatures:
- resident room [ROOM NUMBER] 88 degrees F.
- room [ROOM NUMBER] (south shower room) 85 degrees F.
- resident room [ROOM NUMBER] 67 degrees F. The water was resampled nine minutes later, and measured 95 degrees F.
On 11/2/2023, between 1:45 PM and 2:00 PM, Unit 3 had the following measured hot water temperatures:
- resident room [ROOM NUMBER] 126 degrees F.
- resident room [ROOM NUMBER] 121 degrees F.
- resident room [ROOM NUMBER] 84 degrees F.
- resident room [ROOM NUMBER] 86 degrees F.
- resident room [ROOM NUMBER] 84 degrees F.
On 11/2/2023, between 2:10 PM and 2:22 PM, Unit 2 had the following measured hot water temperatures:
- resident room [ROOM NUMBER] 83 degrees F.
- resident room [ROOM NUMBER] 89 degrees F.
During an interview on 11/3/2023 at 10:30 AM, the Administrator stated that the facility hot water was required to be between 90 degrees F and 120 degrees F. They stated after reviewing the water temperatures measured on 11/2/2023, between 1:20 PM and 2:22 PM, the water temperatures under 90 degrees F and the water temperatures over 120 degrees F were not acceptable. The Administrator stated that it was not acceptable for the water temperatures in resident room [ROOM NUMBER] to fluctuate from 67 degrees F to 95 degrees F within 9 minutes, or for the water temperatures on Unit 3 to fluctuate from 84 degrees F on the north wing to 126 degrees F on the south wing. They stated that the residents may have preferences for certain hot water temperatures and the facility may not be able to provide it. The Administrator stated that the facility had tried to maintain the hot water at 115 degrees F.
10 NYCRR 415.29(j)(1)
CONCERN
(E)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0725
(Tag F0725)
Could have caused harm · This affected multiple residents
Based on observation, record review, and interviews during the recertification and abbreviated (NY00322422 and NY00315912) surveys conducted 10/30/2023-11/7/2023 the facility did not ensure sufficient...
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Based on observation, record review, and interviews during the recertification and abbreviated (NY00322422 and NY00315912) surveys conducted 10/30/2023-11/7/2023 the facility did not ensure sufficient nursing staff to provide nursing care to assure resident safety and attain or maintain the highest practicable physical, mental, and psychosocial well-being for 9 of 9 residents who expressed concerns regarding lack of sufficient staffing and not receiving care in a timely manner. Specifically, during a confidential group meeting (resident council) residents stated their call bell may be answered but there were not always staff available to assist with activities of daily living (ADLs) such as going to the bathroom. Additionally, deficiencies related to staffing levels were identified in the areas of ADL Care Provided for Dependent Residents (Residents #51, #53, #74, and #90).
Finding include:
The facility policy Staffing last revised on 1/2023 documented the facility would provide adequate staffing to meet the needed care and services for their resident population. Licensed registered nursing staff and licensed nursing staff were available to provide and monitor the delivery of resident care services and certified nursing assistants were available on each shift to provide the needed care and services of each resident as outlined on the resident's comprehensive care plan.
The Facility Assessment last updated 9/2022 documented the facility had a total of 120 beds, and the population served was long term care, sub- acute, and unit 2 was primarily infection control step down and rehabilitation unit. Staffing levels documented: staff schedules were maintained in a staffing computer program, and staffing levels were reviewed by facility and corporate and were determined based on census and case mix index. The assessment documented on page 10 was blank for the acuity determination process and documented the typical staffing breakdowns were per acuity and describe above. There was no documentation of the number of residents who required assistance of 1- 2 staff for dressing, bathing, transfers, eating, or toileting.
During a resident council meeting on 10/30/23 at 2:00 PM, 9 residents reported that their call bell would be answered timely, but it was usually not a staff person who was able to assist them with their needs. They mentioned that a resident assistant (RA, staff not trained to provide ADL care) would turn off their call bell and there would be no follow up by a certified nurse aide (CNA) or licensed staff.
During a telephone interview on 10/30/2023 at 4:02 PM, the facility Ombudsman stated the residents complained to them about missing their showers due to staffing issues.
Actual staffing for 10/30/23-11/3/2023 documented the following:
- on 10/30/2023 facility census was 103;
7 AM- 3 PM shift 4 registered nurse (RNs);
6 AM- 2 PM 5 CNAs;
6 AM- 9:30 AM 1 CNA;
11 AM- 2 PM 1 CNA;
6 AM- 2 PM 6 licensed practical nurse (LPNs);
2 PM- 10 PM 2 RN supervisors, 8 CNAs and 6 LPNs;
10 PM- 6 AM 1 RN Supervisor, 3 LPNs and 6 CNAs;
4 AM- 6 AM 1 LPN.
- on 10/31/2023 facility census was 103;
6 AM - 2 PM shift 7 CNAs with 1 LPN working as a CNA, 6 LPNs, and 3 RNs,
8 AM- 4 PM 6 RAs;
12 PM- 3 PM 1 RA;
2 PM-10 PM 6 CNAs, 4 LPNs, 1 RN;
7 PM - 11 PM 2 RNs;
10 PM -6 AM 4 CNAs, 3 LPNs;
11 PM- 7 AM 2 RN supervisors;
- on 11/1/2023 facility census was 103;
6 AM- 2 PM 7 CNAs;
6 AM- 9:30 AM 1 CNA;
11:30 AM- 2 PM 1 CNA
8 AM- 4 PM 5 RAs;
12 PM- 3 PM 1 RA;
7 AM- 3 PM 2 RAs, 6 LPNs and 4 RNs
2 PM-10 PM 5 CNAs, 3 LPNs;
2 PM- 5 PM 1 CNA;
5 PM- 10 PM 1 CNA;
6 PM- 10 PM 1 CNA;
3:30 PM- 8:30 PM 1 CNA;
2 PM - 10 PM 3 LPNs;
4 PM- 9 PM 1 LPN;
6 PM - 10 PM 1 LPN;
2 PM - 6 PM 1 LPN;
2 PM - 8 PM 1 LPN;
2 PM- 10 PM 1 RN supervisor;
5 PM- 9 PM 1 RN supervisor;
7 PM - 11 PM 1 RN;
10 PM- 6 AM 6 CNAs, 3 LPNs, 1 RN.
- on 11/2/2023 facility census was 102;
6 AM- 2 PM 5 CNAs with 1 LPN working as a CNA;
7 AM- 3 PM 1 CNA;
6 AM- 7 AM 1 CNA;
8 AM- 4 PM 4 RAs;
7 AM - 3 PM 3 RAs, 6 LPNs and 5 RNs;
2 PM-10 PM 5 CNAs;
6 PM- 10 PM 1 CNA;
2 PM- 8 PM 1 CNA;
3 PM - 10 PM 1 CNA, 7 LPNs with 2 LPNs working 4 hours, and 1 RN supervisor;
10 PM -6 AM 5 CNAs with 1 CNA working 4 hours, 4 LPNs with 1 LPN working 4 hours
11 PM- 7 AM 1 RN supervisor.
- on 11/3/20/23 facility census was 102;
6 AM- 2 PM 4 CNAs and 1 LPN working as a CNA, 3 CNAs working a partial shift of 4 hours;
8 AM- 4 PM 5 RAs;
7 AM- 3 PM 3 RAs, 6 LPNs, and 5 RNs.
An undated resident roster for Unit 3 documented that 14 of 40 residents required assistance of 2 for ADLs, and 1 resident required assistance of 3.
During an observation on 10/30/2023 at 1:55 PM, an unidentified staff was in the elevator complaining to another unidentified staff about being called in on their day off to float to another unit that was short staffed.
During an interview on 11/1/2023 at 9:21 AM CNA #39 stated they routinely worked with only 2 CNAs for 40 residents. There was a night shift get up list but if they only have 1 CNA, they were unable to get anyone up. They stated they would get the residents that required assistance of 2 up first and then get the residents that required assistance of 1 up. There were RAs on the unit, but they could not do personal care. CNA #39 stated they were the only permanent full-time CNA, and they worked with a lot of floats or per diem staff which made providing care harder.
During an interview on 11/2/2023 at 10:06 AM, CNA #30 stated it was very stressful to have only 2 CNAs on the floor to provide care. They stated they had one entire side which included 20 residents. They felt the resident care was always rushed. They stated nurses did not answer the call bells and they expected the CNAs to always answer them. They stated they felt rushed to get people up to eat. Residents needed to be checked and changed before getting them up for breakfast. They stated the unit did not regularly have 3 RAs assigned. They stated the weekend staffing was horrible, there was usually only 2 CNAs and 1 nurse on the floor with RN supervisors. They stated typically during a regular week there would be 2 CNAs and 1 nurse.
During an interview on 11/3/2023 at 9:48 AM, LPN #27 stated the CNAs did their jobs, but when they only had 2 CNAs, they ended up skipping shaving, nail care, or mouth care on the residents that were unable to ask to have it done. They stated Resident #74 had not been out of bed into their chair the entire week because the resident required two staff to get out of bed.
During an interview on 11/3/23 at 11:44 AM, CNA #31 stated they did not have time to get all the resident care done. Some residents scheduled for showers were switched to bed baths to get the care done. There had been times on the weekends when there was only 1 CNA. Resident #74 did not get out of bed this past Monday. They stated there had been times when they left for the day and did not turn and position all their residents.
During an interview on 11/3/2023 at 12:45 PM Staffing Coordinator #47 stated they were responsible for coordinating schedules for the licensed nursing staff, CNAs, and RAs. They stated the RA could not provide direct care but was available to assist the CNA with passing trays, answering call bells, and sitting with residents. They stated they determined the staffing needs based on the electronic scheduling system. They stated the minimum number was 2 CNAs per unit and 2 LPNs per unit and an RN must always be in the building. They stated no matter what unit or shift there should be 2 CNAs on. Sometimes on the night shift, there might be only one CNA. The units had 40 residents, and 2 CNA was not enough. They stated a unit should not be staffed with one CNA because some of the residents required assistance of 2 and the care would not be able to get done with 1 CNA and one nurse. They stated they tried to staff the units with heavier census with more staff. They tried to schedule 4 CNAs during the day shift, but most of the time 3 CNAs and 2 nurses were only available. They stated the facility did not use agency staff. They stated they had worked as a CNA and having 2 CNAs for 40 residents meant the staff would have to rush care and it would be difficult to give good care to the residents.
During an interview on 11/3/2023 at 1:21 PM, the Director of Nursing (DON) stated RAs assisted with phone calls, answered call lights, and relayed messages to CNAs and LPNs. They stated optimal staffing would be 3-4 CNAs on the day shift, 3 CNAs on the evening shift, and 2 CNAs on the night shift. They stated they had been running with 3 CNAs on days, 3 CNAs on evenings, and 2 CNAs on nights. They just raised the pay rates for nursing staff and had a recruiter. The DON stated there were 2 LPNs on days and evenings and 1 on nights. They were not aware that Resident #74 had not been out of bed on a regular basis as care planned and this should have been reported to upper-level nursing.
During a telephone interview on 11/6/2023 at 2:02 PM, with the DON and the Administrator, the DON stated they did not have a minimum requirement for CNAs on the units, but never fell below 2 CNAs on a unit. This was not the preferred number of CNAs. The staffing was determined by unit census and acuity. They sometimes had an issue with low weekend staffing especially in the summer. The RA was hired to answer call bells, bring residents to activities, make beds, clean rooms, and sit with residents and they did not provide direct personal care. They stated they felt the facility was staffed adequately to meet the needs of the residents. They stated it was important to have adequate staffing to adequately implement the residents plan of care. The Administrator stated the facility assessment was last reviewed on 9/2022, they were not aware the acuity determination for resident care was blank and said they were probably responsible to complete this and would have to review it.
415.(a)(1)(i-iii)
CONCERN
(E)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0804
(Tag F0804)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation and interview during the recertification and abbreviated (NY00323441, NY00322422, and NY00326912) surveys c...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation and interview during the recertification and abbreviated (NY00323441, NY00322422, and NY00326912) surveys conducted 10/30/2023-11/7/2023, the facility did not ensure each resident received and the facility provided food and drink that was palatable, and at an appetizing temperature for 2 of 2 meals reviewed (10/30/2023 and 10/31/2023 lunch meals). Specifically, food was not served at palatable and appetizing temperatures.
Findings include:
During an observation on 10/30/2023 at 12:49 PM, a lunch tray was delivered to Resident #51 in the Unit 4 dining room. The tray was tested, and a replacement was ordered for the resident. At 12:51 PM, the food temperatures were measured with the following results: the chicken was 103 degrees Fahrenheit (F), the vegetables were 116 degrees F, and the potatoes were 121 degrees F. The chicken was chewy, overcooked and not hot, the potatoes were not palatable and were not hot, and the mixed vegetables were not hot.
During an observation on 10/31/2023 at 12:00 PM, a server was taking the temperatures of the food in the steam table with a stick thermometer, then wiping that thermometer with a paper towel, then temping another food item. There were no appropriate sanitizer wipes in the Unit 4 kitchenette. At 12:12 PM, after all the food temperatures had been measured in the steam table, the thermometer was placed in an empty cup, and the outer sleeve for the thermometer was missing.
During an interview on 10/31/2023 at 12:12 PM, The Food Service Director stated the stick thermometer should be disinfected between food items with a sanitizer wipe and was not aware that there were no wipes in the fourth floor kitchenette.
During an interview on 10/31/2023 at 12:25 PM, the Food Service Director stated they tried to do ten test trays a month, and that food items on the steam table were required to have their temperatures taken prior to being served to the residents.
During an observation on 10/31/2023 at 12:34 PM, a lunch tray was delivered to resident room [ROOM NUMBER]. The tray was tested, and a replacement was ordered for the resident. At 12:36 PM, the food temperatures were measured with the following results: the tuna casserole was 105 degrees F, and the potatoes were 118 degrees F. The tuna casserole was not flavorful or hot, and the meatballs were not hot.
During an interview on 10/31/2023 at 12:34 PM, the Food Service Director stated that tuna casserole at 94 degrees F was not acceptable, and hot food items should be served at 135 F or hotter.
During an interview on 11/3/2023 at 11:22 AM, the Food Service Director stated that the hot food items were prepared and then placed into hot holding carts, brought upstairs to the resident units, and then transferred from the hot holding carts to the kitchenette steam tables. They stated that hot food item temperatures should be at least 135-140 degrees, and each individual item could vary but that is the temperature danger zone. The Food Service Director stated that the test tray forms were not detailed, that the test tray form was a basic meal observation audit, and that test trays would be completed by the Administrator and other managers.
10NYCRR 415.14(d)(2)
CONCERN
(E)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0925
(Tag F0925)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation and interview during the recertification survey conducted 10/30/2023-11/7/2023, the facility did not mainta...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation and interview during the recertification survey conducted 10/30/2023-11/7/2023, the facility did not maintain an effective pest control program so that the facility was free of pests for 2 of 3 nursing floors (Units 3 and 4) and the main kitchen. Specifically, Unit 3, Unit 4, and the main kitchen had house flies and fruit flies.
Findings include:
The following observations were made:
- on 10/30/2023 at 10:28 AM, there was 1 house fly in resident room [ROOM NUMBER] that was flying around and landing on the resident.
- on 10/30/2023 at 11:47 AM, there were 3 fruit flies in the Unit 3 dining room near a garbage can.
- on 10/30/2023 at 12:46 PM, there were 3 dead house flies and 1 dead fruit fly on the Unit 4 dining room windowsill.
- on 10/30/2023 at 1:33 PM, there was a house fly at Unit 3 nursing station that was flying around and landing on a resident.
- on 10/31/2023 at 8:37 AM, there were 3 dead house flies and 1 dead fruit fly on the Unit 4 dining room windowsill.
- on 11/2/2023 at 9:37 AM, there were approximately 50 fruit flies located on the walls and ceiling tiles of the main kitchen.
- on 11/2/2023 at 4:28 PM, there were 2 fruit flies in the Unit 3 dining room near a garbage can.
During an interview on 11/3/2023 at 10:00 AM, dietary aide #34 stated that there had been a couple of fruit flies in the Unit 3 dining room, and they would keep the food trays clean in the kitchenette to minimize the flies. They stated they would tell the maintenance department if they saw fruit flies in the kitchenette.
During an interview on 11/3/2023 at 9:09 AM, the Housekeeping and Laundry Director stated if staff were to see flies, they should notify the maintenance department, and the maintenance department would contact the pest control vendor. They stated that dead fruit flies should not have been on the wall near the hand sanitizer.
During an interview on 11/3/2023 at 11:22 AM, the Food Service Director stated that the pest control vendor came to the facility routinely every two weeks and was documented in a book. They stated that the maintenance department or the housekeeping department was responsible for keeping the main kitchen ceiling tiles clean to prevent fruit flies. They stated they would let the maintenance department know when the ceiling tiles had to be cleaned.
10NYCRR 415.29(j)(5)
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Infection Control
(Tag F0880)
Could have caused harm · This affected most or all residents
Based on record review and interview during the recertification and abbreviated (NY00326912) surveys conducted 10/30/2023-11/7/2023, the facility did not maintain an infection prevention and control p...
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Based on record review and interview during the recertification and abbreviated (NY00326912) surveys conducted 10/30/2023-11/7/2023, the facility did not maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections. Specifically, the facility's water Legionella (a type of bacteria usually found in water causing Legionnaires' disease) quarterly testing had positive Legionella results for the second quarter of 2023 and the facility water was not resampled. Also, Legionella testing had not been completed for the third quarter of 2023.
Findings include:
The facility Legionella Water Management Program: last reviewed 1/2021 documented part of the infection prevention and control program, the facility has a water management program which was overseen by the water management team. The team consists of the Infection Preventionist (IP), the Administrator, the Medical Director, the Director of Maintenance, and the Director of Environmental services. The purpose of the program was to identify areas in the water system where Legionella bacteria would grow and spread, and to reduce the risk of Legionnaire's disease. The Water Management Program will be reviewed at least once a year if the control limits were not consistently met.
The facility Legionella Management Plan, last reviewed in 4/2023 documented:
- samples were collected and tested through a qualified Center for Disease Control (CDC) - Elite laboratory. This work was carried out quarterly, by a Program Team Leader.
- This document covered routine and emergency/remediation procedures to be used when Legionella counts exceed 30% positive. Legionella testing will be used to drive any remediation actions.
The second quarter of 2023 Legionella testing was completed on 3/21/2023 and 8 of 16 water samples were positive for Legionella. Additional water testing was completed on 4/3/2023 and 7 of 16 water samples were positive for Legionella. The facility could not produce documentation verifying that the water was retested for the second quarter of 2023.
The facility could not provide documentation the water had been quarterly tested for the third quarter of 2023.
During an interview on 11/1/2023 at 8:40 AM, the Administrator stated that they could not find the Legionella testing results for third quarter of 2023, and the facility water was required to be tested quarterly for Legionella. They stated that there should have been retesting done after the 4/2023 water samples were found to have positive Legionella results.
During an interview on 11/3/2023 at 12:10 PM, the Assistant Maintenance Director stated they were not aware the water samples in 4/2023 had been positive for Legionella and that the previous Maintenance Director was the one who had taken these water samples.
During an interview on 11/1/2023 at 8:49 AM, the IP registered nurse (RN) #20 stated they were aware of water testing as it was discussed during the quality assurance (QA) meetings. The most recent QA meeting was 4 weeks ago but they could not recall if water was discussed then. They followed all infections in the facility and documented them on a spread sheet line list. They started in the role of IP one year ago and were told to wait for an all clear regarding water and Legionella but they did not have any part in the testing of the water for Legionella. There were currently no residents that were Legionella positive in the facility. They were not aware of the testing requirements and were not familiar with a policy or plan regarding Legionella. They were not aware of Legionella in the water but stated they had not been given the all clear, so they had to test residents that were positive for pneumonia for Legionella, and this was completed by testing the urine.
10NYCRR 415.19(a)